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Investigative interviews with suspects and witnesses: a survey of perceptions and interview practices among Malaysian police Article Published Version Creative Commons: Attribution 4.0 (CC-BY) Open Access Chung, K. L., Ng, M. and Ding, I. L. (2021) Investigative interviews with suspects and witnesses: a survey of perceptions and interview practices among Malaysian police. Journal of Police and Criminal Psychology. ISSN 0882-0783 doi: https://doi.org/10.1007/s11896-020-09418-7 Available at http://centaur.reading.ac.uk/95779/ It is advisable to refer to the publisher’s version if you intend to cite from the work. See Guidance on citing . To link to this article DOI: http://dx.doi.org/10.1007/s11896-020-09418-7 Publisher: Springer All outputs in CentAUR are protected by Intellectual Property Rights law,
including copyright law. Copyright and IPR is retained by the creators or other copyright holders. Terms and conditions for use of this material are defined in the End User Agreement . www.reading.ac.uk/centaur CentAUR Central Archive at the University of Reading Reading’s research outputs online
Journal of Police and Criminal Psychology
https://doi.org/10.1007/s11896-020-09418-7
Investigative Interviews with Suspects and Witnesses: A Survey
of Perceptions and Interview Practices Among Malaysian Police
Kai Li Chung1 · Magdalene Ng2,3 · I Ling Ding4
Accepted: 16 November 2020
© The Author(s) 2021
Abstract
Interviewing of suspects, victims, and eyewitnesses contributes significantly to the investigation process. While a great deal
is known about the investigative interviewing practices in the United Kingdom and the Nordic region, very little is known
about the framework used by Malaysian police officers. A survey was administered to 44 Royal Malaysian Police interviewers
serving in the Sexual, Women and Child Investigations Division (D11) of the Crime Investigation Department. Respondents
were asked about the investigative interviewing techniques they use with suspects, witnesses, and victims; how effective they
think these techniques are; and the training they had received. Findings revealed that many police officers currently possess
limited knowledge of best practice investigative interviewing. More training, feedback, and supervision is needed and desired.
Keywords Investigative interviewing · Suspects · Witnesses · Police practice · Police training
Introduction moved away from a confession-seeking ‘interrogating’ exer-
cise to more of an information-gathering ‘inquiry’ process,
In the criminal justice system, the main purpose of a forensic indicating an advocacy for a less confrontational approach
investigation is to gather information about what happened (if (Rabon 1992). Changes in legislations and practices in these
anything did indeed happen), as well as to find out who did what regions were brought about in part due to a number of high-
(Milne and Bull 2006). Particularly when investigating officers profile miscarriages of justice (e.g. the Guildford Four in
have little or no forensically relevant information, the interview- England) that emerged from police malpractice and poor
ing of suspects, witnesses, and victims becomes a key element interviewing of suspects before the 1980s (Gudjonsson
in the process of an investigation. The objective of investigative 1992). Following the enactment of the Police and Crimi-
interviews is to elicit an accurate, complete, and detailed record nal Evidence Act in the United Kingdom in 1984 whereby
of the original account from an interviewee. tape recording of suspect interviews was made mandatory,
the investigative interviewing process became more widely
Interviewing of Suspects accessible and allowed for more research examining inter-
viewer and interviewee behaviour (e.g. Baldwin 1992).
Over the past few decades, investigative or forensic inter- Nevertheless, initial analyses of the tape recordings revealed
viewing in the United Kingdom and the Nordic region has some shortcomings of the interview process, including lack
of preparation; poor techniques such as prolonged, repeti-
tive, and/or coercive questioning; and general ineptitude of
* Magdalene Ng the interviewer (Milne et al. 2007).
magdalene.ng@newcastle.ac.uk It was evident that a change of investigative culture was
Kai Li Chung needed to restore confidence in evidence obtained through
k.chung@reading.ac.uk police questioning. As a result, the PEACE interviewing
1
model, underpinned by psychological principles and theo-
University of Reading, Nusajaya, Malaysia
ries, was devised in the early 1990s, setting out principles
2
HELP University, Kuala Lumpur, Malaysia and best practices in questioning suspects and witnesses
3
Newcastle University, Urban Sciences Building, 1 Science (Milne et al. 2007). PEACE is an acronym that outlines
Square, Newcastle upon Tyne NE4 5TG, UK the structure of the interview: preparation and planning
4
Royal Malaysian Police, Kuala Lumpur, Malaysia
13
Vol.:(0123456789)Journal of Police and Criminal Psychology
of the interview, engage and explain, account, closure and Of the various protocols designed to safeguard children’s
evaluation. This model endorses a critical element of the welfare whilst facilitating best evidence, the National Insti-
investigative interviews, which is the use of non-leading, tute of Child Health and Human Development (NICHD)
open-ended questions (Milne and Powell 2010). Non-leading Investigative Interview Protocol developed by Lamb et al.
questions refrain from directing respondents toward a par- (2007) is one that has been supported by empirical evidence
ticular answer. Open-ended questions are those that require and serves as a model for protocols in many countries (La
more thought, as opposed to a static one-word response. Rooy et al. 2015). The NICHD protocol starts with the pre-
These questions are useful for interviewees to maximise the substantive phase, in which the interviewer introduces his/
opportunity to provide a full account, while minimising con- her role, clarifies the child’s task, and explain the ground
fusion and contamination. rules. This phase also includes rapport-building and training
The PEACE framework of interviewing signifies the in episodic retrieval. Next, non-suggestive prompts are used
departure from psychologically manipulative and accusato- to allow the child to introduce to the target incident under
rial approaches that have been associated with false confes- investigation; if the child fails to identify the target incident,
sions. It is generally accepted that the implementation of the carefully worded focussed prompts are used. The interviewer
PEACE model (and similar models adopted in several other then moves on to the substantive phase, using open-ended
countries) has resulted in enhanced police interviewing prac- invitations to enable the child to give details about the event,
tice (Bull and Rachlew 2020; Clarke et al. 2011; Griffiths and following which open-ended cues are used as appropriate.
Milne 2006). Specific, more focussed questions (e.g. “wh-” or option-
posing) may be used if crucial details are still missing. In
Interviewing of Child Victims and Witnesses the final closing phase, the child is given an opportunity to
provide any other information, after which a neutral topic
In most cases of child sexual or physical abuse, the victim is discussed.
is usually the only available sources of information, which In general, field studies have shown that investigative
often means that the progress of the inquiry will rely upon interviewers who adhere to the recommended interview
the child’s narrative. Children are often perceived to be less procedures of the NICHD protocol are able to obtain more
competent than adults when it comes to remembering inci- informative details from alleged victims of sexual or physi-
dents they have experienced, and their testimony tends to be cal abuse, but follow-up training sessions and continuing
dismissed in court due to this perceived lack of credibility. supervision seem to be important for maintaining the quality
Whilst there is a general consensus that child age is a robust of forensic interviewing (e.g. Cyr and Lamb 2009; Lamb
predictor of memory accuracy and completeness (Peterson et al. 2002).
2012), some studies have shown that children have the capac-
ity to provide accurate information about their stressful past
experience (e.g. Baugerud et al. 2014). Important factors that The Present Study
influence the quantity and quality of information provided are
the interviewer’s ability to elicit information and the child’s It is clear that considerable efforts have been made over the
readiness and capacity to express it, rather than the child’s years to enhance investigative interviewing standards and
ability to remember it (Lamb et al. 2007). In other words, increase transparency based on psychological science. How-
there is a shared view by academics and practitioners alike ever, in many countries, arguably including Malaysia, police
that a realistic awareness of children’s developmental level, interviewing is still deemed as an inherent skill that all
combined with careful investigative procedures, may enable investigating officers possess, and can be acquired through
valuable information to be obtained (Poole and Lamb 1998). learning from the more experienced (Milne et al. 2007). The
On top of this, one of the most common problems is the lack discussions above highlight the importance of using careful
of appropriate systems in place to enable child victims or investigative procedures to ensure that testimony of the sus-
witnesses to describe their traumatic experiences accurately. pect, victim, or eyewitness is not contaminated in any way.
Improper interviewing techniques can be counterproductive, It is therefore extremely important that officers are being
leading to distorted memory and contaminated testimony properly equipped with the support and tools necessary to be
(Bruck and Ceci 1999). Consequently, children go through competent to carry out investigative interviews profession-
long and complicated legal processes only to have experts ally and ethically. If proper investigative interview methods
later testify that interview outcomes were inconclusive; mis- are put in place, miscarriages of justice can be prevented
understandings may result in wrongful convictions or family (Kassin and Gudjonsson 2004; Otgaar and Howe 2019).
break-ups; and what is worse, child abusers run free to exploit After all, forensic interviewing is a highly specialised skill,
others (Ananthalakshmi 2016). and the ability to elicit accurate and detailed information is
13Journal of Police and Criminal Psychology
one that can be mastered through ongoing training, proper with suspects, and specific interview components such
supervision, and appropriate feedback (Powell et al. 2010). as open-ended questioning and video-recording.
Currently, very little is known about the interviewing 3. Interviewers’ perceptions and practices regarding
framework used by Malaysian police officers to conduct interviews with child witnesses or victims, including
interviews with suspects, witnesses, and victims. There self-review of electronic-recorded interviews, and
are no published studies in Malaysia that have evaluated specific interview components such as rapport-building,
the accessibility and effectiveness of the police and legal communicating ground rules, and the use of props.
services (Cheah and Choo 2016). In light of this lack of 4. Further comments from interviewers about their
information, the aim of this survey is to gain insight into experience and training.
Malaysian investigative officers’ perceptions and practices
regarding investigative interviewing with suspects, victims,
Procedure
and witnesses. Respondents were asked about their percep-
tions of the effectiveness of various investigative interview-
The questionnaires were administered to the investigating
ing techniques, their perceived operational skills and com-
officers prior to a talk the researchers were invited to deliver.
petence in investigative interviewing, and the training and
Respondents were not required to identify themselves in the
supervision they had received.
survey. After reading the participant information sheet, they
indicated their consent to take part by ticking a box on the
consent form. This project was reviewed and approved by
Method
the XXXXHELP University Ethics Review Board and the
University of ReadingXXX School of Psychology and Clini-
Participants
cal Language Sciences Research Ethics Committee.
The questionnaires were distributed to 90 investigating
officers from the Royal Malaysian Police Perak State
Contingent Crime Investigation Department, but 46 (51.1%) Results
non- or partial-responses were excluded from the analyses;
hence, there were data for a total of 44 participants, 17 Investigative Interviewing Skills, Training,
males, 26 females, and one did not reveal their gender, aged and Supervision Received
23 to 58 (M = 32.9, SD = 7.7). The majority of the sample
were ethnic Malay (84.8%), followed by ethnic Indian Overall, 28 respondents (63.6%) have received some form of
(8.7%), ethnic Chinese (2.2%), and mixed ethnicities (4.3%). investigative interviewing training (i.e. Investigation Course,
The mean length of service was 8.3 years (SD = 7.5 years, Child Interview Centre Recording and Interviewing Officer
range = 1.3–38.3 years). Course), while 16 (36.4%) reported that they had no train-
ing whatsoever before carrying out formal interviews with
Materials suspects, victims, and witnesses. Only three respondents
(6.8%) had received Cognitive interview training and four
The pen-and-paper questionnaire was derived, adapted, (9.1%) reported to have been trained in the PEACE proto-
and translated to Bahasa Malaysia (the official language col. Eighteen respondents (40.9%) indicated that they had
of Malaysia) from questionnaires used by Hill and Moston taken refresher type courses, while 26 respondents (59.0%)
(2011) as well as La Rooy et al. (2011). The Bahasa Malaysia did not. The rest did not provide a response. Participants
version was then reviewed and back-translated. The adapted who have received prior training were trained locally and
questionnaire comprised a combination of tick-box style and centrally by senior officers at headquarters.
open-ended questions, requiring participants to provide quan- When asked how often they receive feedback about their
titative and qualitative information on the following sections: interviewing performance from other interviewers and/
or supervisors, 18.2% answered ‘rarely’, 45.5% answered
1. Information about the interviewers, including age, ‘occasionally’, 20.5% answered ‘never’, 11.4% answered
gender, ethnicity, language spoken, rank, length of ‘always’, and only 4.6% answered ‘often’. About a third of
service, previous training in investigative interviewing. the respondents (36.4%) have not undertaken any informal
2. Interviewers’ perceptions and practices regarding or self-development training, but 18.2% have done their own
interviews with suspects, including confidence in their practical training (e.g. role-playing with colleagues), 15.9%
ability to detect deceit and truth, what they believe was have conducted their own research, and 13.6% have taken
the main purpose for conducting investigative interviews relevant subjects at a learning institution, while the rest did
not provide a response.
13Journal of Police and Criminal Psychology
Respondents rated their current investigative interviewing Respondents were also asked to report their confidence in
skills on a five-point Likert scale (1 = poor, 5 = excellent). lie and truth detection, measured on a 5-point Likert scale.
About two thirds of the respondents (61.4%) rated their skills Results are displayed in Table 1.
as ‘average’. One fifth (22.7%) rated their skills as ‘above When probed about what they based their assumptions
average’, while only 6.8% thought they were ‘excellent’. on when determining truth and deception, 45.5% answered
Very few officers rated their skills as ‘below average’ (6.8%) ‘non-verbal behaviour’, 63.6% answered ‘verbal behaviour’,
or ‘poor’ (2.3%), while 2 officers did not provide a response. and 65.9% answered ‘evidence at hand’. There was an ‘other’
option where respondents could report what influenced their
decisions when determining truth and deception. Responses
Importance of Investigative Interviewing
given here include suspect’s story and background, eyewit-
ness statement, and suspect’s responses to repeated question-
Respondents were asked to report what type of evidence is
ing. The percentages do not total to 100% as participants
considered as the central lead in solving a criminal inves-
were allowed to choose more than one response option.
tigation and were allowed to choose more than one option
Respondents were asked about the amount of time they
as their answers. Many respondents (77.3%) thought that
typically put into planning prior to conducting a formal sus-
physical evidence were the most important leads in solving
pect interview. About a quarter (27.3%) do not spend any
investigations, about a third (65.9%) thought formal inter-
time planning the interviews, 18.2% spend up to 15 min,
viewing produces the most leads in an investigation, and a
22.7% spend up to 30 min, 11.4% spend up to an hour, 18.2%
small number (6.8%) stated that expert reports were most
spend about 1 to 2 h. No respondents reported spending
important.
more than 2 h on planning and preparing. Most respond-
The majority of participants (86.4%) thought investigative
ents indicated that they never (29.5%) or rarely (47.7%)
interviewing was ‘very important’ in progressing an investi-
experienced time pressures to complete a suspect interview,
gation, while a few (13.6%) rated investigative interviewing
although a minority (20.4%) reported that they usually or
as ‘important’ and ‘moderately important’. No respondents
almost always did.
rated investigative interviewing as ‘not important’.
Respondents were asked to report the techniques they use
when formally interviewing a suspect. Overall, respondents
Suspect Interviews report a mixture of appropriate and inappropriate techniques,
as shown in Table 2.
On average, respondents had been conducting formal Table 3 displays the frequencies in which officers engaged
interviews with suspects for 3.3 years (SD = 2.8 years, in specific interview techniques when interviewing suspects,
range = 0.3–4 years). Almost all respondents (90.9%) inter- while Table 4 shows their perceptions regarding the extent
view suspects as a lead interviewer capacity as part of their
current duties. The rest assist in these interviews. Approxi-
Table 2 Police officers’ use of interviewing techniques
mately half of the respondents (47.7%) did not feel that exist-
ing training equipped them well at all, one third (34.1%) felt Interviewing techniques Percentage of
unsure, and only 18.2% were positive that the training they respondents
have had equipped them well. “Appropriate” 70.5
When asked if they believed that they can detect decep- Open questions 50.0
tion during a formal interview with a suspect, the majority Emphasising contradictions 81.8
Gentle prods 36.4
(79.5%) reported ‘yes’ while the remainder reported ‘no’. Concern 15.9
Silence 59.1
Disclosure of evidence 11.4
Table 1 Police officers’ confidence in detecting truth and lies Challenging the suspect’s account
“Inappropriate” 4.5
Self-rating Percentage of respondents (%)
Intimidation 13.6
Skills in detecting Skills in Interruptions 29.5
lies detecting Suggest scenario 38.6
truth Situation futility 13.6
Leading questioning 50.0
Very confident 13.6 9.1 Maximisation of offence 22.7
Confident 27.3 27.3 Minimisation of offence 40.9
Repetitive questioning 9.1
Moderately confident 29.5 18.2
Positive confrontation 63.6
Somewhat confident 27.3 40.9 Handling the suspects mood
Not at all confident 2.3 4.5
13Journal of Police and Criminal Psychology
Table 3 Frequencies in which Interview techniques Percentage of respondents
police officers engage in specific
interview techniques when Never Rarely Usually Almost always Always
interviewing suspects
Build rapport 6.8 20.5 43.2 13.6 15.9
Provide full account 9.1 18.2 50.0 6.8 13.6
Specific wh- questions 0 0 50.0 13.6 36.4
Closed yes/no questions 2.3 6.8 40.9 25.0 25.0
Leading questions 13.6 27.3 38.6 2.3 18.2
to which the various techniques helped them find out what that the current training they have definitely equipped
had happened. them well for conducting child interviews effectively.
When probed what these rapport techniques are, there Respondents reported spending various amounts of time
were a mixture of responses. Some respondents expressed on planning and preparation, with 15.9% not spending any
disbelief towards the effectiveness of rapport-building (‘I’ve time at all, 13.6% spending up to 15 min, 29.6% spending
never used rapport; it never works at all’). A number of up to 30 min, 2.3% spending up to 45 min, 13.6% spend-
officers offer food and beverages, or even cigarettes to build ing up to an hour, and 18.2% spending more than an hour.
goodwill, ‘to comfort them’ ‘so that the suspect relaxes and About two thirds of respondents indicated that they never
cooperate’. Some approaches include showing an interest in (29.5%) or rarely (36.4%) experienced time pressures to
the suspect in order ‘to know what’s going on’. A couple of complete a child interview, with a quarter of respondents
respondents reported using minimisation tactics as part of (27.3%) reporting that they usually or almost always did.
developing rapport (‘if you tell the truth I will make sure to Unlike formal interviews with suspects, child inter-
help you reduce your sentence’). views are video-recorded in Malaysia. While more than
Almost half of the respondents (47.7%) favoured the vide- half the respondents ‘always’ or ‘usually’ (54.6%) self-
otaping of interviews, 36.4% were ‘neutral’, while 15.9% did review their own electronic-recorded interviews with child
not agree to recording such interviews. witnesses/victims, 38.6% ‘rarely’ or ‘never’ self-review
the recorded interviews.
Child Witness/Victim Interviews Table 5 displays the frequencies in which officers
engaged in specific interview techniques when formally
On average, 70.5% of respondents interview child wit- interviewing a child witness/victim, while Table 6 shows
nesses/victims as a lead interviewer capacity as part of their ratings of the effectiveness of the various practices
their current duties, while 25.0% assist in such interviews. in helping them find out what had happened.
A small number of officers (4.6%) do not perform wit- Most interviewers establish rapport through friendly
ness interviews at all, so they did not answer this part of communication, asking questions about themselves
the survey. On average, respondents had been conduct- (e.g., hobbies), showing them cartoons, giving sweets,
ing formal child witness/victim interviews for 3.12 years giving encouragements, among others. Several respond-
(SD = 3.2 years, range = 0.1–14 years). When asked about ents equated asking questions as part of rapport-building
whether respondents felt that their interview training (‘Can you tell me what happened?’); one respondent even
equipped them with the necessary skills to conduct child reported using leading questions (‘Is it true that the man
witness/victim interviews effectively, 6.8% answered ‘not put his finger in your private part or did he just touch?’).
at all’, 27.3% answered ‘somewhat’, and 36.4% answered More than half of the respondents (56.8%) use anatomi-
‘maybe’. Less than a quarter of participants (22.7%) felt cal dolls for child interviews, with a majority of them finding
Table 4 Police officers’ ratings Interview techniques Percentage of respondents
of the effectiveness of specific
interview techniques when Not at all Not very Quite effective Very effective Always effective
interviewing suspects effective effective
Build rapport 4.5 6.8 56.8 20.5 11.4
Provide full account 0 11.4 61.3 15.9 11.4
Specific wh- questions 0 4.5 43.2 25.0 27.3
Closed yes/no questions 0 6.8 56.8 18.2 18.2
Leading questions 4.5 15.9 52.3 15.9 11.4
13Journal of Police and Criminal Psychology
Table 5 Frequencies in which Interview techniques Percentage of respondents
police officers engage in specific
interview techniques when Never Rarely Usually Almost always Always
interviewing children
Build rapport 6.8 2.3 34.1 15.9 34.1
Ground rules 4.6 9.1 45.5 11.4 22.7
Provide true account 4.6 6.8 29.6 25.0 27.3
Provide full account 11.4 9.1 47.7 9.1 15.9
Specific wh- questions 2.3 4.6 50.0 9.1 27.3
Closed yes/no questions 2.3 6.8 45.5 9.1 27.3
Leading questions 11.4 13.6 40.9 11.4 15.9
this an effective way of getting more information about what valuable insights in understanding the longer-term needs
happened (77.3%). The majority of respondents (56.8%) do of Malaysian police officers. The findings obtained seem to
not use other props or object in their formal interviews with stress a need to establish a systematic investigative inter-
children. Those who do use props or objects reported that they viewing framework whereby professionals working with
use mobile phones, sweets, paper, colour pencils, and cartoons. suspects, victims, and witnesses are properly trained to
conduct investigative interviews.
One notable strength of this study is that it was not based
Overall Comments on Investigative Interviewing on samples drawn from Western, educated, industrialised,
rich, and democratic (WEIRD) societies (Henrich et al.
One common theme was the need to attend courses and 2010), instead it was conducted in Malaysia, a Southeast
practical training for investigative interviewing prac- Asian country with a complex multiracial Asian popula-
tices to improve effectiveness. One respondent noted tion. According to the Hofstede’s (1980) cultural dimension
that ‘trainings need not be too long; it’s enough to just theory (see also Hofstede 2011), Malaysia is considered a
know the theories and techniques because the investiga- collectivistic society with a high power distance. Not only
tive interviewer will learn through each case that they are people in such societies likely to accept and operate
receive’. under a hierarchical structure, but they also tend to sup-
Respondents also stressed the need to have differ- press their own interests and opinions to maintain social
ent approaches when it comes to interviewing suspects harmony. It has been put forward by Leal et al. (2018)
as opposed to interviewing child witnesses of victims, that during an interview, individuals from collectivistic
through the understanding of psychology and the applica- cultures tend to leave many things unsaid, assuming that
tion of such knowledge. the context will communicate what is implied, while on
the contrary, individuals from individualistic cultures tend
to be more explicit and direct in their communication.
Discussion Moreover, high power distance societies tend to give less
attention to rapport-building (Hofstede 1980), which may
To the researchers’ knowledge, this is the first study that stand in the way of the current recommended best practices
examines the investigative interview practices and percep- in investigative interviewing. As such, it is expected that
tions of police officers in Malaysia. This study provided the conduct of investigative interviewing in Malaysia will
Table 6 Police officers’ ratings Interview techniques Percentage of respondents
of the effectiveness of specific
interview techniques when Not at all Not very Quite effective Very effective Always effective
interviewing children effective effective
Build rapport 0 4.5 45.5 27.3 13.6
Ground rules 2.3 4.5 52.3 22.7 11.4
Provide true account 2.3 6.8 45.5 22.7 15.9
Provide full account 9.1 6.8 40.9 20.5 15.9
Specific wh- questions 2.3 4.6 45.5 22.7 15.9
Closed yes/no questions 2.3 4.6 43.2 29.6 13.6
Leading questions 6.8 4.6 56.8 15.9 6.8
13Journal of Police and Criminal Psychology
differ substantially from where the concepts of evidence- appropriate expertise and facilities to support such activities.
based investigative interviewing were derived from, that That being said, a small number of participants in the current
is, highly individualistic nations that sit in the lower rank- sample reported an initiative in gaining more information
ings on Hofstede’s power distance index. For instance, about evidence-based investigative interviewing techniques
Anakwah et al. (2020) suggested that in collectivistic cul- that works. They exhibited an interest in role-playing inter-
tures, investigative interviewers may be required to prompt views with fellow colleagues as part of the practical training
interviewees to elaborate further on the initial information process and to receive feedback.
they provide. The current findings should be interpreted An inadequacy of training and implementation of
with the understanding that the cultural setting in which an a structured, standardised guide may have led to some
investigative interview has taken place may influence the unintended consequences. It is not surprising that officers
way information is elicited. still engage in inappropriate methods of investigative
It is worth noting at the outset of this discussions that the interviewing, with approximately half the respondents in the
Royal Malaysia Police is a federal institution with a central- current sample indicating that they have used maximisation
ised, hierarchical model. The Inspector General of Police tactics and repetitive questioning in at least one of their
at headquarters directs operations in 14 regions across the interviews with suspects. Similarly, a substantial percentage
country, but the bulk of the policing lies with the respective of participants reported using suggestive questioning in their
states and territories. Whilst there are Crime Investigation child interviews and thought this was an effective technique.
Department officers operating at different contingents, for- The present data reflects a pattern that is similar to that seen
mal training is largely central. in other countries prior to the introduction of structured
Based on the responses received, there were potential and evidence-based protocols (e.g. Baldwin 1993). For
concerns about interviewing practices. Almost half of the instance, a study conducted by Sumampouw et al. (2020) in
officers indicated that they had not received formal training Indonesia, a neighbouring country that shares many cultural
or additional ‘refresher’ courses, even though almost all of similarities with Malaysia, reported that police interviewers
them conduct investigative interviews with suspects and/ who have not been trained in an evidence-based protocol
or children as lead interviewers. Investigative interviewing used directive and option-posing questions extensively in
is a demanding and specialised area, requiring a broad child forensic interviewing. It is now established that tactics
comprehension of psychological aspects, including memory, such as maximisation and situation futility are problematic in
cognitive biases, and suggestibility. Having access to up-to- that they increase a one’s susceptibility to false confessions
date training is crucial to ensure that interviewing practices (Kassin 2014), whereas the use of leading or suggestive
are evidence-based and reflect the current understanding of questions that implies a desired response tends to yield
forensic interviewing. While several respondents may not information of poorer quality (Loftus 2005; Sharman and
yet see the value of having longer and repeated training Powell 2012).
sessions, improvement in interviewing practice may only With regard to deception detection, more than half of the
be observed following refresher training (Rischke et al. present sample were confident that they can detect deceit
2011). It is acknowledged that it takes time for trainees during a suspect interview. Interestingly, many attributed
to consolidate new information and integrate skills into their lie detection ability to non-verbal cues, despite research
practice; nevertheless, Rischke et al. (2011) asserted that to date showing that not only the relationship between non-
training programmes that space learning, in which materials verbal behaviour and deception is faint and unreliable, peo-
are reviewed at regular intervals, may be more effective at ple also often overestimate their ability to detect deception
encouraging maximum information retention and behaviour (for a review, see Vrij et al. 2019). Non-verbal lie detection
change. techniques remain popular among investigators even when
Moreover, while the majority of interviewers viewed the there is no clear evidence that they actually work. Misjudg-
interview process to be a very important part of the inves- ing deception can cause innocent people to suffer unjust
tigation process, many rated their own interviewing skills punishment; it is therefore important to highlight gaps in
as average. The fact that both trained and untrained officers non-verbal deception research in order to ensure that prac-
report their proficiency as average may point towards a lack titioners are engaging in evidence-based practice, as well
of confidence in their investigative interviewing practice. It as to prevent miscarriages of justice. Continuous training is
also appears that there is little evidence of routine supervi- crucial to enhance practitioners’ knowledge and understand-
sion on the quality of interviews. As suspect interviews are ing of investigative interviewing.
not recorded, there is limited opportunity for interviewers Building and maintaining rapport during investigative
to review their practice and obtain feedback. These findings interviewing is said to enhance trust, produce more coop-
serve to further highlight a deficit in investigative interview- eration, overcome resistance, which can in turn increase
ing training, likely due to the lack of financial resources for the amount of information provided by suspects, witnesses,
13Journal of Police and Criminal Psychology or victims (Collins et al. 2002). However, the present data namely the police force, social service agencies, pros- shows that many interviewers are unable to define critical ecutors, defence lawyers, and judges, need to be aware elements of rapport clearly, which is unsurprising given that that the quality of testimony is heavily depended upon even researchers within the field have yet to achieve defini- the interviewers’ ability to elicit information. Only when tional clarity of the construct (Saywitz et al. 2015). There is this fact is widely acknowledged that policy makers will therefore a need to further refine its operationalisation, and push for improvements in the investigative interviewing to test its effects through empirical research. process. In relation to the use of props in child interviews, there has not been consistent evidence that forensic interviewing aids such as anatomical dolls improve children’s ability to Limitations produce more accurate details without elevating the risk of erroneous reporting (Poole et al. 2011). In fact, guidelines in The current sample was drawn from one of the thirteen several countries (e.g., Sweden) strongly advise against the states in Malaysia as a result of convenience sampling, as use of props or objects. However, the use of anatomical dolls the researchers were invited to deliver a talk in the Perak appears to be prevalent in practice according to the current state contingent as part of a ‘Sexual and Child Abuse Inves- data. Practitioners often report specific barriers relating to tigation Training Course’ for the investigating officers in the forensic interviews with very young children and the neces- Crime Investigation Department. The police officers who sity to modify existing protocols, which signifies a need for attended the training course were from the Sexual, Women additional guidelines for this age group (Magnusson et al. and Child Investigations Division (D11), limiting the sample 2020). To be able to come up with standardised guidelines to investigators who primarily handle criminal cases involv- that are empirically validated and fit for purpose, research- ing sexual and domestic abuse. Whilst the small sample size ers should take into account concerns raised by investigative may not be representative of the entire Malaysian police interviewers. population, it is likely to be indicative of the situation in A substantial percentage of respondents endorsed the the Perak state. video-recording of interviews with criminal suspects, As the data is based on self-report measures, what inter- and many interviewers in the current sample review their viewers say they do may not necessarily reflect their actual own recordings of child interviews. Electronic recording interviewing practices, and can be biased by social desir- of interviews provides veridical documentation of the ability effects or difficulties in estimating own behaviour. interview procedures and individuals’ statements. This is Nevertheless, survey data is valuable in providing insights promising, as it has been shown that video-recording may into the knowledge and perceptions of practitioners. inhibit the use of certain confrontational interrogation tactics that could increase the risk of false confessions in suspects, including maximisation and minimisation Conclusion (Kassin et al. 2014). Having recorded interviews also makes it possible for interviewers, supervisors, and train- This survey provides a first glimpse of investigating inter- ers to appraise existing interview practices and facilitate viewing practices in a country in South East Asia. Findings professional development. highlight, at least for one investigation unit in Malaysia, that While there are decades of scholarship by research- investigative interviews conducted by police officers are not ers, social scientists, and clinicians on best ways to elicit always guided by best practice protocols. Techniques that are comprehensive and accurate information from suspects, inappropriate for forensic purposes contaminate and compro- witnesses, and victims, the transfer of knowledge to mise testimony, which may impede the progress of investiga- practitioners have not always been successful, evident tions, risk injustice for the people involved, and fuel public’s through the failure of agencies to align their practices distrust of the police. On the assumption that the current find- with evidence-based recommendations. The lack of ings are generalisable to other police units in Malaysia, critical investment in adequate and appropriate training makes it effort should be placed in educating the police force of best very challenging to translate robust research findings into practices that will effectively and justly maximise information policies and practices in the field. Expert interviewing disclosure in these interviews. This calls for a revision of the skills can only be developed through practice and routine current training procedures and an implementation of stand- guidance, it is thus important for forensic interviewers ardised guidelines in how investigative interviews should be to train and utilise best practice strategies consistently, conducted. Collaborations and discussions between practition- enabling them to recognise instances of poor practice and ers and academics should also be encouraged, as this will help work towards improving standards. According to Lamb researchers better understand the needs of serving the police (2016), the key players in the criminal justice system, force and help set future research agendas. 13
Journal of Police and Criminal Psychology
Acknowledgements Special thanks to the Perak State Contingent’s Cheah IG-S, Choo WY (2016) A review of research on child abuse in
Sexual, Women and Child Investigations Division of the Crime Inves- Malaysia. Med J Malaysia 71(Supplement 1):87–99
tigation Department, Royal Malaysian Police for their support towards Clarke C, Milne R, Bull R (2011) Interviewing suspects of crime: the
this project. impact of PEACE training, supervision and the presence of a legal
advisor. Journal of Investigative Psychology and Offender Profil-
Funding The author received no financial support for the research, ing 8(2):149–162. https://doi.org/10.1002/jip.144
authorship, and/or publication of this article. Collins R, Lincoln R, Frank MG (2002) The effect of rapport in foren-
sic interviewing. Psychiatr Psychol Law 9(1):69–78. https://doi.
org/10.1375/pplt.2002.9.1.69
Compliance with Ethical Standards Cyr M, Lamb ME (2009) Assessing the effectiveness of the NICHD
investigative interview protocol when interviewing French-speaking
Conflict of Interest The authors declare that they have no conflicts of alleged victims of child sexual abuse in Quebec. Child Abuse Negl
interest. 33(5):257–268. https://doi.org/10.1016/j.chiabu.2008.04.002
Griffiths A, Milne B (2006). Will it all end in tiers? Police interviews
Ethical Approval All procedures performed in this research were with suspects in Britain. In T. Williamson (Ed.), Investigative
in accordance with the ethical standards of the institutional and/or interviewing: rights, research, regulation (pp. 167–189). Willan
national research committee and with the 1964 Helsinki declaration Publishing.
and its later amendments or comparable ethical standards. Gudjonsson GH (1992). The psychology of interrogations, confessions
and testimony. John Wiley & Sons.
Informed Consent Informed consent was obtained from all individual Henrich J, Heine SJ, Norenzayan A (2010) The weirdest people in the
participants included in the research. world? Behavioral and Brain Sciences 33(2–3):61–135. https://
doi.org/10.1017/S0140525X0999152X
Hill JA, Moston S (2011) Police perceptions of investigative inter-
Open Access This article is licensed under a Creative Commons Attri- viewing: training needs and operational practices in Australia.
bution 4.0 International License, which permits use, sharing, adapta- British Journal of Forensic Practice 13(2):72–83. https://doi.
tion, distribution and reproduction in any medium or format, as long org/10.1108/14636641111134314
as you give appropriate credit to the original author(s) and the source, Hofstede G (1980). Culture’s consequences: international differences
provide a link to the Creative Commons licence, and indicate if changes in work-related values. Sage.
were made. The images or other third party material in this article are Hofstede G (2011). Dimensionalizing cultures: the Hofstede model in
included in the article’s Creative Commons licence, unless indicated context. Online Readings in Psychology and Culture, 2(1). https: //
otherwise in a credit line to the material. If material is not included in doi.org/10.9707/2307-0919.1014
the article’s Creative Commons licence and your intended use is not Kassin SM (2014) False confessions: causes, consequences, and impli-
permitted by statutory regulation or exceeds the permitted use, you will cations for reform. Policy Insights Behav Brain Sci 1(1):112–121.
need to obtain permission directly from the copyright holder. To view a https://doi.org/10.1177/2372732214548678
copy of this licence, visit http://creativecommons.org/licenses/by/4.0/. Kassin SM, Gudjonsson GH (2004) The psychology of confessions:
a review of the literature and issues. Psychol Sci Public Interest
5(2):33–67. https://doi.org/10.1111/j.1529-1006.2004.00016.x
Kassin SM, Kukucka J, Lawson VZ, DeCarlo J (2014) Does video
recording alter the behavior of police during interrogation? A
References mock crime-and-investigation study. Law Hum Behav 38(1):73–
83. https://doi.org/10.1037/lhb0000047
Anakwah N, Horselenberg R, Hope L, Amankwah-Poku M, van La Rooy D, Brubacher SP, Aromäki-Stratos A, Cyr M, Hershkowitz
Koppen PJ (2020) Cross-cultural differences in eyewitness I, Korkman J, Myklebust T, Naka M, Peixoto CE, Roberts KP,
memory reports. Appl Cogn Psychol 34(2):504–515. https://doi. Stewart H, Lamb ME (2015) The NICHD protocol: a review of
org/10.1002/acp.3637 an internationally-used evidence-based tool for training child
Ananthalakshmi A (2016, November 14). How Malaysia allows child forensic interviewers. Journal of Criminological Research,
abuse to go unpunished. Reuters. https: //www.reuter s.com/articl e/ Policy and Practice 1(2):76–89. https://doi.org/10.1108/JCRPP-
us-malaysia-sexcrimes-insight-idUSKBN1390AT 01-2015-0001
Baldwin J (1992). Video-taping of police interviews with suspects: an La Rooy D, Lamb ME, Memon A (2011) Forensic interviews with chil-
evaluation. Police Research Series Paper No. 1. dren in Scotland: a survey of interview practices among police. J
Baldwin J (1993) Police interview techniques: establishing truth or Police Crim Psychol 26(1):26–34. https: //doi.org/10.1007/s11896 -
proof? Br J Criminol 33(3):325–352. https://doi.org/10.1093/ 010-9072-9
oxfordjournals.bjc.a048329 Lamb ME (2016) Difficulties translating research on forensic interview
Baugerud GA, Magnussen S, Melinder A (2014) High accuracy practices to practitioners: finding water, leading horses, but can
but low consistency in children’s long-term recall of a real-life we get them to drink? Am Psychol 71(8):710–718. https://doi.
stressful event. J Exp Child Psychol 126:357–368. https://doi. org/10.1037/amp0000039
org/10.1016/j.jecp.2014.05.009 Lamb ME, Orbach Y, Hershkowitz I, Esplin PW, Horowitz D (2007)
Bruck M, Ceci SJ (1999) The suggestibility of children’s memory. Structured forensic interview protocols improve the quality and
Annu Rev Psychol 50:419–439. https://doi.org/10.1146/annurev. informativeness of investigative interviews with children. Child
psych.50.1.419 Abuse Negl 31:1201–1231. https://doi.org/10.1016/j.chiabu.
Bull R, Rachlew A (2020). Investigative interviewing: From England to 2007.03.021
Norway and beyond. In S. Barela, M. Fallon, G. Gaggioli, and J. Lamb ME, Sternberg KJ, Orbach Y, Hershkowitz I, Horowitz D,
Ohlin (Eds.), Interrogation and torture: research on efficacy, and Esplin PW (2002) The effects of intensive training and ongo-
its integration with morality and legality (pp.171–196). Oxford ing supervision on the quality of investigative interviews with
University Press. alleged sex abuse victims. Appl Dev Sci 6(3):114–125. https://
doi.org/10.1207/S1532480XADS0603_2
13Journal of Police and Criminal Psychology
Leal S, Vrij A, Vernham Z, Dalton G, Jupe L, Harvey A, Nahari G Poole DA, Lamb ME (1998). Investigative interviews of children:
(2018) Cross-cultural verbal deception. Legal Criminol Psychol a guide for helping professionals. American Psychological
23(2):192–213. https://doi.org/10.1111/lcrp.12131 Association.
Loftus EF (2005) Planting misinformation in the human mind: a Powell MB, Wright R, Clark S (2010) Improving the compe-
30-year investigation of the malleability of memory. Learning and tency of police officers in conducting investigative interviews
Memory 12:361–366. https://doi.org/10.1101/lm.94705 with children. Police Pract Res 11(3):211–226. https: //doi.
Magnusson M, Ernberg E, Landström S, Akerhurst L (2020) Forensic org/10.1080/15614260902830070
interviewers’ experiences of interviewing children of different Rabon D (1992). Interviewing and interrogation. Carolina Academic
ages. Psychol Crime Law. https://doi.org/10.1080/1068316X. Press.
2020.1742343 Rischke AE, Roberts KP, Price HL (2011) Using spaced learning prin-
Milne B, Bull R (2006). Interviewing victims of crime, including chil- ciples to translate knowledge into behavior: evidence from inves-
dren and people with intellectual disabilities. In M. R. Kebbell & tigative interviews of alleged child abuse victims. J Police Crim
G. M. Davies (Eds.), Practical psychology for forensic investiga- Psychol 26:58–67. https://doi.org/10.1007/s11896-010-9073-8
tions and prosecutions (pp. 7–23). John Wiley & Sons. Saywitz KJ, Larson RP, Hobbs SD, Wells CR (2015) Developing rap-
Milne B, Powell M (2010). Investigative interviewing. In J. M. Brown port with children in forensic interviews: systematic review of
& E. A. Campbell (Eds.), The Cambridge handbook of forensic experimental research. Behav Sci Law 33:372–389. https://doi.
psychology (pp. 208–214). Cambridge University Press. org/10.1002/bsl.2186
Milne B, Shaw G, Bull R (2007). Investigative interviewing: the role of Sharman SJ, Powell MB (2012) A comparison of adult witnesses’ sug-
research. In D. Carson, R. Milne, F. Pakes, K. Shalev, & A. Shawyer gestibility across various types of leading questions. Appl Cogn
(Eds.), Applying psychology to criminal justice (pp. 65–80). John Psychol 26:48–53. https://doi.org/10.1002/acp.1793
Wiley & Sons. Sumampouw NEJ, Otgaar H, La Rooy D, de Ruiter C (2020) The
Otgaar H, Howe ML (2019) When children’s testimonies are used quality of forensic child interviewing in child sexual abuse cases
as evidence: how children’s accounts may impact child cus- in Indonesia. J Police Crim Psychol 35(2):170–181. https://doi.
todial decisions. J Child Custody 15(4):263–267. https://doi. org/10.1007/s11896-019-09342-5
org/10.1080/15379418.2018.1568721 Vrij A, Hartwig M, Granhag PA (2019) Reading lies: Nonverbal com-
Peterson C (2012) Children’s autobiographical memories across the munication and deception. Annu Rev Psychol 70(1):295–317.
years: forensic implications of childhood amnesia and eyewitness https://doi.org/10.1146/annurev-psych-010418-103135
memory for stressful events. Dev Rev 32(3):287–306. https://doi.
org/10.1016/j.dr.2012.06.002 Publisher’s Note Springer Nature remains neutral with regard to
Poole DA, Bruck M, Pipe ME (2011) Forensic interviewing aids: do jurisdictional claims in published maps and institutional affiliations.
props help children answer questions about touching? Curr Dir Psy-
chol Sci 20(1):11–15. https://doi.org/10.1177/0963721410388804
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